Huron school board wrong to fire Superintendent Fox, referee says

HURON -- School board members did not have cause to fire Huron school Superintendent Fred Fox, according to a ruling by a mediator who considered the case.

The school board failed to meet its burden of proof with "substantial, reliable and probative evidence" to remove Fox last year, said the report by referee Harry H. Taich, who acted as a referee in the case.

Taich delivered his ruling today in the continuing legal fight over Fox and his job performance as Huron schools' top administrator.

Based on the evidence presented, Fox should be reinstated with back pay to the date of his suspension last year, and he should not be terminated, Taich wrote.

Advertisement

After listening to testimony and studying exhibits, Taich wrote he is "certainly troubled" by the school board's case.

School board members Scott Slocum, Donna Green and Tim Sowecke voted for a resolution to consider firing Fox for a number of allegations.

Fox allegedly engaged in unethical or unprofessional conduct with Todd Nelson, owner of Kalahari Waterpark Resort in Huron Township and based in Wisconsin Dells, Wis., according to the resolution. He also failed to document use of vacation days and expenses on a trip to Arizona in 2011, according to the resolution.

However, Taich said the school district's reasons were unfounded.

"I find that the district failed to meet its burden of proof in this matter with substantial, reliable and probative evidence, that was credible to support the ground of 'for good and just cause' to terminate the superintendent's contract of employment," Taich wrote. "On the contrary, I find that the credible evidence offered by the superintendent at the hearing overwhelmingly established by a preponderance of substantial, reliable and probative evidence that Superintendent Fox's contract of employment should not be terminated by the board, based upon the evidence at the hearing and the charges against him."

He credited Huron school employees who testified in the case and noted Fox should get credit for strong performance of Huron schools. The school board did not consider his prior job evaluations in making a decision to suspend Fox, Taich wrote.

"The evidence in this cases overwhelmingly established that this district is in very good shape in all areas that permit measurement of a successful school district," Taich wrote. "The superintendent's leadership abilities must be given serious credit for this success. The district has prospered in many areas under his control over the last several years. The evidence failed to establish that the boadr considered Mr. Fox's prior evalutionas, achievements and the abilities he utilized in working with staff and community business partners, prior to making its decision."